Archived press release

Westlink Inquiry row escalates

25 June 2001

Minister sits on secret report

Regional Development Minister, Gregory Campbell, came under pressure today to release the findings of last year's M1/Westlink Public Inquiry [1].

In March Mr Campbell announced that he had received the Inquiry report but did not intend to release the findings until September [2].

Friends of the Earth has demanded immediate access to the report [3] by invoking the government's own Environmental Information Regulations. The environmental group has reminded the Minister that the law advises him to respond to its request ‘as soon as possible' [4].

Friends of the Earth's Transport Campaigner, Lisa Fagan, said:

‘The Minister has had over three months to consider the report and there can be no justification for keeping it secret any longer. The public are entitled to know the findings of a Public Inquiry - it is completely unacceptable for the Minister and his officials to sit on what is supposed to be an independent report for so long.'

Friends of the Earth also believes that the Minister is in breach of Human Rights law. At the time of the Inquiry the Minister rejected claims by Friends of the Earth that the Inquiry was not a "a fair...hearing...by an independent and impartial tribunal" as required by the Human Rights Act [5]. This was despite the fact that the Inquiry Inspector was appointed by the Department which is actually promoting the M1/Westlink proposals. Lisa Fagan continued:

"If the Minister is serious about his claim that the Inquiry was fair, independent and impartial, he will release its findings immediately. To do otherwise is to confirm our belief that the Inquiry was not independent of the Minister's Department."

The Inquiry was established to examine the environmental statements into the £46m widening of the M1/Westlink and construction of flyovers at Grosvenor Road and Broadway and new sliproads at Dunmurry.

Notes

[1] (back) The Inquiry took place in the Spires Centre, Belfast, from 6 November to 7 December 2000.

[2] (back) Written Answer No AQW 2233/00, 22 March 2001, to Mr Gerry Adams MLA.

[3] (back) Letter from Friends of the Earth(NI) to Minister for Regional Development dated 21 June 2001.

[4] (back) Environmental Information Regulations (Northern Ireland) 1993. The Guidance which accompanies the Regulations states: "The presumption is that environmental information should be released unless there are compelling and substantive reasons to withhold it."

[5] (back) Article 6(1) of the European Convention on Human Rights as set out in Schedule 1 of the Human Rights Act 1998 states: "In the determination of his civil rights and obligations...everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

In a letter to the Minister dated 2 Nov 00, Friends of the Earth contended that the M1/Westlink Public Inquiries did not constitute a "fair...hearing... by an independent and impartial tribunal". The inspector holding the Inquiry was appointed by the Department for Regional Development which was itself the proposer of the scheme which was the subject of the Inquiry. The Department was thus making a decision in its own cause. The Department responded to the letter as follows:

Dear Mr Woods,

Thank you for your letter of 2 November 2000 to the Minister. In view of the tight timescale, Roads Service has been asked to reply.

The Department is fully aware of the English Litigation and believes that the position adopted is consistent with the views of its sister Department in England and that its actions in this case are compliant with all relevant convention rights.

Furthermore, the Department does not believe that it is necessary to have the benefit of a court confirmation as to compatibility before it proceeds in this matter.

Yours sincerely

Jim Carlisle
Director of Corporate Services

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: [email protected]

Published by Friends of the Earth Trust